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AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND

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AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND Powered By Docstoc
					       AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND
          CORRECTIONAL INSTITUTIONS CHAPLAINCY, INC.


This is an Agreement between the County of Santa Clara, (County) and Correctional Institutions
Chaplaincy, Inc. (CIC) for the provision of chaplaincy services. The parties agree as follows:


I.          Scope of Services
            CIC will coordinate and provide services for multiple faiths, with the exception of
            Catholic services, for inmates at the Santa Clara County jail facilities as described
            in Attachment I.


II.         Contractor Evaluation
            CIC will be evaluated based on the following:
            A.       CIC shall record and maintain all performance measurements and goals as
                     identified in Attachment II.
            B.       A monthly record shall be maintained by CIC describing the services
                     provided, by whom, where and when. This shall be maintained at the
                     central office of CIC and available for inspection by designated County
                     personnel when requested.
            C.       Documentation pertaining to inmate requests shall be maintained at CIC’s
                     office for at least five years and will be available for inspection by County
                     upon request.
            D.       CIC will keep the white copy of each inmate request form submitted to
                     CIC relating to the religious services program. CIC will maintain and
                     submit all inmate request forms to the DOC on a quarterly basis.
            E.       Grievances will be responded to within seven days and turned into the
                     facility Watch Commander where the grievance originated.


III.         Compensation
              The County agrees to pay CIC an amount not to exceed $70,000 for Fiscal Year
              2011, $140,000 for Fiscal Years 2012 and 2013 and $140,000 for FY 2014. The
              total amount of the agreement shall not exceed $490,000. CIC will invoice the
              County $11,666.66 each month. County will pay for mandated and non-mandated
              services provided, as identified in the Attachment II. CIC will submit with each
              invoice, the Performance Goals and Reporting Categories report as identified in
              Attachment II to the Financial Services Division. Submittal of monthly services
              allocation in Attachment II, identifying mandated and non-mandated services is
              the sole responsibility of CIC.

              CIC, on a quarterly basis, will provide a letter directed to the Custody Bureau
              Support Services Commander stating the progress of the goals identified in
              Attachment II. If performance goals are not met for any quarter during the term
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       of this Agreement, a Corrective Action Plan (Attachment III) will be prepared
       and submitted to the Custody Bureau Support Services Commander. The
       quarterly report will also outline any issues or concerns that arise in the quarter.


IV.    Deliverables
       CIC is to submit proof of insurance documents (in accordance with Section XX);
       monthly Performance Measure Reports attached to the invoice; and updated
       Service/Class Schedules as of January 1, 2011, July 1, 2011, January 1, 2012, July
       1, 2012, January 1, 2013, July 1, 2013, January 1, 2014 and June 30, 2014.


V.     Term of Agreement
       The Agreement shall be effective January 1, 2011 through June 30, 2014. The
       County has the option to extend the Agreement for an additional two years if both
       parties agree, and upon approval of the County Board of Supervisors, unless
       terminated sooner as provided in Section VI of this Agreement.


VI.    Termination
       A.      Termination Without Cause
               Either party may terminate this Agreement without cause upon thirty days
               prior written notice to the other party by certified mail. This notice shall
               state the effective date of the termination.

       B.      Immediate Termination for Security/Safety
               County may terminate this Agreement without cause for reasons of safety
               and/or security. Should safety/security reasons no longer apply, services
               shall resume upon written agreement of both parties.

       C.      Immediate Termination for Cessation of Funding
               In the event that funding for this Agreement ceases, this Agreement may
               be terminated immediately by County without cause and without notice.

       D.      Termination for Cause
               County may terminate this Agreement upon notice to CIC and opportunity
               to cure in the event of a material breach of contract by CIC.

       E.      Obligation Upon Termination
               In the event of termination, CIC shall deliver to County copies of all
               reports and other work performed by CIC under this Agreement and upon
               receipt thereof, CIC shall be paid for services performed and reimbursable
               expenses incurred to the date of termination.


VII.   Right to Monitor
       County shall have the right to monitor all work performed, all records, and
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        procedures to assure that the project is achieving its purpose, and that all
        applicable state and federal regulations are met, and that adequate internal fiscal
        controls are maintained. CIC shall cooperate fully with the County by providing
        upon request information concerning the entire program.


VIII.   Security Clearance
        All CIC employees, agents, and representatives wishing to enter any County
        correction facility must receive a security clearance prior to entrance. CIC should
        allow at least three weeks for completion of the security clearance process.
        Requests for security clearances shall be coordinated through the Custody Bureau
        Support Services Commander or other person designated by the County. The
        County reserves the right to refuse entrance to anyone not in possession of a
        security clearance badge and to confiscate any security clearance badge issued at
        its discretion.


IX.     Employment Conditions and Rules
        All personnel working for CIC under this Agreement shall abide by the County’s
        rules, regulations, policies and procedures.


X.      Declaration of Contractor
        Completed Declaration is on file with the County’s Authorized Representative.


XI.     Type I Contract Provisions
        This is a Type I Agreement, subject to the Resolution of Contracting Principles
        adopted by the Board of Supervisors on October 28, 1997. Accordingly, CIC
        shall comply with all of the following:
        A. CIC shall, during the term of this Agreement, comply with all applicable
           federal, state and local rules, regulations, and laws.
        B. CIC shall maintain financial records adequate to show that County funds paid
           under the Agreement were used for purposes consistent with the terms of the
           Agreement. These records shall be maintained during the term of this
           Agreement and for a period of 3 years from the termination of this Agreement
           or until all claims, if any, have been resolved, or if otherwise required under
           other provisions of this Agreement, whichever is longer.
        The failure of CIC to comply with this section or any portion thereof constitutes
        material breach of contract and may, at the option of County, constitutes grounds
        for termination of this Agreement.


XII.    Right to Conduct Business
        CIC shall obtain all necessary certificates, licenses and permits required by city,
        county, state, and federal law in order to perform the services described in this
        Agreement. Copies of all such         documents shall be presented to the County
                                     Page 3 of 10
        of Santa Clara upon demand.


XIII.   Prohibition of Sexual Contact
        CIC shall prohibit sexual contact between the inmates of the Santa Clara County
        Jail facilities and employees of CIC, its agents, representatives and members of its
        Board of Directors, and any volunteers it recruits during the term of this
        Agreement.


XIV.    Indemnification
        CIC agrees to indemnify, defend and hold harmless the County, its officers,
        agents, and employees from any claim, liability, loss, injury or damage arising out
        of, or in connection with, performance of this Agreement by CIC and/or its
        agents, employees or sub-contractors, excepting only loss, injury or damage
        caused by the negligence or willful misconduct of personnel employed by the
        County. It is the intent of the parties to this Agreement to provide the broadest
        possible coverage for the County. CIC shall reimburse the County for all costs,
        attorney’s fees, expenses and liabilities incurred with respect to any litigation in
        which the Contractor is obligated to indemnify, defend and hold harmless the
        County under this Agreement.


XV.     Prohibition of Financial Relationship
        CIC shall prohibit any financial relationship between inmates and CIC’s
        employees, agents, representatives, members of its Board of Directors, or
        volunteer during the term of this Agreement.


XVI.    Assignment of Agreement
        CIC shall not assign this Agreement, either in whole or in part thereof, without the
        prior written consent of the County. Any assignment without consent shall be
        null and void. This provision shall not prohibit CIC from entering into separate
        agreements with independent providers for limited individual services, as long as
        such agreements shall not have the effect of accomplishing an assignment
        otherwise prohibited in this Agreement. Any assignment for which the County
        has given written consent shall be subject to all of the terms and conditions of this
        Agreement.


XVII.   Conflict of Interest/Nepotism
        CIC shall comply with all conflict of interest and nepotism laws, statutes, and
        regulations applicable to non-profit corporations or similar organizations. CIC
        shall not maintain any member of its Board of Directors as a paid employee, agent
        subcontractor or consultant. CIC shall not obtain insurance policies from any
        member of its Board of Directors. By prohibiting specific relationships, it is not
        the intent of the parties to authorize other relationships, which are in violation of

                                    Page 4 of 10
         laws, statutes or regulations.


XVIII.   Independent Contractor Status
         This is an agreement by and between independent contractors and is not intended
         and shall not be construed to create the relationship of agent, servant, employee,
         partnership, joint venture or association between County and CIC. No party
         associated with or employed by CIC shall have any claim under this Agreement
         or otherwise against the County for vacation pay, sick leave, retirement benefits,
         Social Security, Worker’s Compensation, unemployment benefits or employee
         benefits of any kind.


XIX.     Access and Retention of Records
         CIC must maintain financial records adequate to show that County funds paid
         under a contract were used for purposes consistent with the terms of the contract.
         Records must be maintained by CIC during the term of the contract and for a
         period of three years from its termination, or until all claims have been resolved,
         whichever period is longer, unless a longer period is required under the contract.


XX.      Insurance Requirements
         Insurance requirements are attached as Attachment IV. CIC‘s insurance shall be
         effective on the start date of this Agreement and shall continue throughout the
         entire terms of this Agreement. CIC shall provide proof of insurance.


XXI.     Notices
         All notices prescribed by this Agreement shall be in writing and shall be deemed
         effective upon their deposit in the U.S. mail, postage prepaid with return receipt
         requested and addressed:
         For County                            For Contractor
         Department of Correction              Correctional Institutions Chaplaincy, Inc.
         Custody Bureau
         Support Services Commander            David Robinson
         180 W. Hedding Street                 P.O. Box 360068
         San Jose, CA 95110                    Milpitas, CA 95036-5853

         For Payment
         Department of Correction
         Financial Services Division
         180 W. Hedding Street
         San Jose, CA 95110




                                      Page 5 of 10
XXII.    Beverage Nutritional Criteria
         Contractor shall not use County funds to purchase beverages that do not meet the
         County’s nutritional beverage criteria. The six categories of nutritional beverages
         that meet these criteria are (1) water with no additives; (2) 100% fruit juices with
         no added sugars, artificial flavors or colors (limited to a maximum of 10 ounces
         per container); (3) dairy milk, non-fat, 1% and 2% only, no flavored milks; (4)
         plant derived (i.e., rice, almond, soy, etc.) milks (no flavored milks); (5)
         artificially-sweetened, calorie-reduced beverages that do not exceed 50 calories
         per 12-ounce container (teas, electrolyte replacements); and (6) other non-caloric
         beverages, such as coffee, tea, and diet sodas. These criteria may be waived in
         the event of an emergency or in light of medical necessity.

XXIII.   Budget Contingency
         This Agreement is contingent upon the appropriation of sufficient funding by the
         County for the services covered by this Agreement. If funding is reduced or
         deleted by the County for the services covered by this Agreement, the County has
         the option to either terminate this Agreement with no liability occurring to the
         County or to offer an amendment to this Agreement indicating the reduced
         amount.

XXIV.    Compliance with Laws
         CIC must during the term of this Agreement, be fully familiar with and comply
         with all applicable federal, state, and local rules, regulations, and laws including,
         but not limited to, the Religious Land Use and Institutionalized Persons Act of
         2000, 42 U.S.C. 2000cc-1 (RLUIPA) and other laws and regulations regarding the
         provision of religious services to inmates and religious activities in the jails and in
         the County.


XXV.     Confidentiality
         CIC agrees to comply with and to require its employees, agents, and partners to
         comply with all applicable state, or federal statutes or regulations respecting
         confidentiality, including but not limited to, the identity of person served under
         this Agreement, their records, or services provided them and assures that:
         A.     All applications and records concerning any individual made or kept by
                CIC in connection with the administration of, or relating to services
                provided under, this Agreement will be confidential and will not be open
                to examination for any purpose not directly connected with the
                administration of such service or safety and security of the facilities or the
                public.
         B.     No person will publish or disclose or permit or cause to be published or
                disclosed, any list of persons receiving services except as may be required
                in the administration of such service. CIC agrees to inform all employees,
                agents and partners of the above provisions and to further inform them that
                any person knowingly and intentionally disclosing such information other

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                than as authorized by law may be guilty of a misdemeanor.
         C.     In the event that CIC receives a subpoena, court order, or other legal
                document requiring release of information, or is informed that such a
                document is being requested, CIC shall immediately give notice to the
                County in order to permit the County to seek a Protective Order of other
                similar order in County’s discretion.


XXVI.    No-Smoking Policy
         CIC and its employees, agents and subcontractors, will comply with the County’s
         No Smoking Policy, as set forth in the Board of Supervisors Policy Manual
         section 3.47 (as amended from time to time), which prohibits smoking: (1) at the
         Santa Clara Valley Medical Center Campus and all County-owned and operated
         health facilities, (2) within 30 feet surrounding County-owned buildings and
         leased buildings where the County is the sole occupant, and (3) in all County
         Vehicles.


XXVII.   Miscellaneous Provisions
         A.     Accountability
                CIC will be required to submit status reports covering such items as work
                in process, milestones attained, milestones missed, milestones to be
                completed, resources expended, problems encountered and corrective
                action taken.
         B.     Amendments
                Only an instrument signed by the parties may amend this Agreement or
                the Attachments.
         C.     Governing Law
                This Agreement shall be construed and interpreted in accordance with the
                laws of the State of California. Proper venue for legal action regarding
                this Agreement must be in the County of Santa Clara.
         D.     Equal Opportunity/Non-Discrimination in Contracting
                The County is an equal opportunity employer. CIC must comply with all
                applicable federal, state and local laws and regulations including the
                County’s equal opportunity requirements. Such laws include, but are not
                limited to, the following: title VII of the Civil Rights Act of 1964 as
                amended; Americans with Disabilities Act of 1990; The Rehabilitation
                Act of 1973 (Sections 503 and 504); California Fair Employment and
                Housing Act (Government Code sections 12900 et seq.); California Labor
                Code sections 1101, 1102 and 1102.1.

                CIC shall not discriminate against any subcontractor, employee, or
                applicant for employment because of age, race, color, national origin,
                ancestry, religion, sex/gender, sexual orientation, mental disability,

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                 physical disability, medical, condition, political beliefs, organizational
                 affiliations, or marital status in the recruitment, selection for training
                 including apprenticeship, hiring, employment utilization, promotion,
                 layoff, rates of pay or other forms of compensation.

                 Nor shall CIC discriminate in provision of services provided under this
                 contract because of age, race, color, national origin, ancestry, religion,
                 sex/gender, sexual orientation, mental disability, physical disability,
                 medical condition, political beliefs, organizational affiliations, or marital
                 status.
          E.     Counterparts
                 This Agreement may be executed in one or more counterparts, each of
                 which shall be deemed to be an original, but all of which together shall
                 constitute one and the same instrument.
          F.     Severability
                 If any provision of the Agreement is found by a court of competent
                 jurisdiction to be void, invalid or unenforceable, the same will either be
                 reformed to comply with applicable law or stricken so as not to affect the
                 validity or enforceability of this Agreement.

XXVIII.   Totality of Agreement
          This instrument, including those that are set forth in Attachments I, II, III, and IV,
          constitutes this entire Agreement between the County and CIC relative to the
          subject matter contained in this Agreement. The County and CIC expressly agree
          that all prior or contemporaneous oral agreements between and among themselves
          and their agents or representatives relative to the subject of this Agreement shall
          be of no force or effect.

          County                                         Contractor
          Date: ____________________                     Date: _______________________



          By: _____________________                      By: ________________________
              John Hirokawa,                                 David Robinson,
              Chief of Correction                            Executive Director CIC

          APPROVED AS TO FORM AND LEGALITY

          __________________________
          Theresa Fuentes
          Deputy County Counsel

          __________________________
          County Executive’s Office
                                      Page 8 of 10
                                            ATTACHMENT I

                                         SCOPE OF SERVICE


Correctional Institutions Chaplaincy (CIC) will coordinate religious services and activities for multiple
faiths, with the exception of Roman Catholic services, throughout the term of this Agreement.


1. CIC will coordinate the services and activities for multiple faiths and provide staff or
   volunteers to ensure that all multiple faiths and languages are available to meet the needs of
   the inmate population in a manner that allows all inmates sufficient opportunities to
   participate in the religious services and activities of their choice.

2. CIC will coordinate clergy visits for all multiple faiths. If any inmate requests a visit from a
   spiritual leader, the Facility Chaplain will contact the spiritual leader to ascertain the
   legitimacy and relationship between the spiritual leader and the inmate, and inform the
   spiritual leader of the clergy visitation process. The spiritual leader must provide
   documentation of his/her role in his/her faith-community and valid identification to visit the
   inmate. Spiritual leaders are not permitted to use this format to visit relatives. If Facility
   Chaplains have questions about the legitimacy of a spiritual leader, he/she will discuss the
   concerns with the Custody Bureau Command Staff.

3. CIC will prepare, plan and conduct multiple faith religious services, worship services, studies
   and concerts for a variety of religions and beliefs.

4. CIC will maintain and distribute scripture, literature, devotionals, study books and other
   materials in a variety of languages. Prior to distributing any materials to an inmate, CIC will
   present the material to Custody for security clearance.

5. CIC will review each inmate request for a special religious diet or other accommodations that
   is based on the inmate’s specified religious affiliation, verify the legitimacy of the request
   and to notify the designated County staff accordingly. CIC will respond within an
   appropriate time frame to all inmate requests and, in no event, later than five days of
   receiving a non-urgent request.

6. CIC will provide a full-time professional chaplain (Facility Chaplain) at the jail facilities.
   Facility Chaplains will be on call 24 hours a day, seven days a week via telephone and/or
   pager to respond to emergencies or crisis in the jail facilities. CIC Facility Chaplains will
   respond immediately, and will be present within an hour, when needed.

7. CIC will recruit qualified clergy and volunteers, coordinate security clearances, train,
   supervise, and schedule clergy and volunteers. Each Facility Chaplain will schedule and
   supervise volunteers assigned to his/her facility.

8. CIC will coordinate with inmates participating in correspondence Bible Studies.

9. CIC will counsel, interview, and advise inmates on moral, spiritual, domestic, and personal
   situations based on the inmate’s stated religion.

10. CIC will notify inmates when there has been a     death in the family. CIC will verify the
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   information prior to meeting with the inmate. CIC will be available for grief counseling for
   inmates.

11. Facility Chaplains will coordinate with mental-health staff and custody to counsel inmates
    after traumatic events (i.e., suicide).

12. CIC will provide inmates with re-entry church referral services to the religious organizations
    in the community which are consistent with the inmate’s stated religion.

13. CIC will act as a liaison between the detention facilities and community religious and social
    organizations concerning the work and purpose of the facilities.

14. CIC will confer with inmate families, custodial staff, and other agencies regarding religious
    services.

15. All scheduling of religious services and activities for multiple faiths will be developed by
    CIC and approved by the Custody Bureau Support Services Commander or designee.
    Scheduling to the different units will be coordinated through the Programs Division.

16. CIC will provide monthly statistical reporting at a minimum as shown in Exhibit I, or as
    otherwise agreed by the County.

17. CIC will provide materials, documentation, information or testimony as needed by the
    County in connection with any proceeding, investigation or inquiry relating to the religious
    services and activities provided under this Agreement.

18. CIC will provide a mechanism to address and resolve grievances or complaints by inmates
    regarding the religious services provided or any denial of religious services, and report on
    and discuss those grievances and complaints with the Custody Bureau staff.

19. CIC must understand and be familiar with RLUIPA and other federal, state and local laws
    regarding religious accommodation and provision of religious services to inmates, and agree
    to meet or exceed all of the legal mandates stated therein.




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